maintenance, n. 1. The continuation of something, such as a lawsuit. 2. The continuing possession of something, such as property. 3. The assertion of a position or opinion; the act of upholding a position in argument. 4. The care and work put into property to keep it operating and productive; general repair and upkeep. 5. […]
Lackey claim. A prisoner’s assertion that incarceration on death row for a protracted period is cruel and unusual punishment. Lackey v. Texas, 514 U.S. 1045, 115 S.Ct. 1421 (1995) (denying cert.). [Cases: Sentencing and Punishment 1795. C.J.S. Criminal Law §§ 1591–1592.]
主张，宣称 英语：assertion 法语：revendication, assertion 德语：Behauptung 意大利语：dichiarazione, rivendicazione 西班牙语：declaración, aseveración
fair play and substantial justice. The fairness requirement that a court must meet in its assertion of personal jurisdiction over a nonresident defendant to comport with due process. International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154 (1945). See MINIMUM CONTACTS. [Cases: Constitutional Law 305(5). C.J.S. Constitutional Law § 1151.]
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hearsay rule. The rule that no assertion offered as testimony can be received unless it is or has been open to test by cross-examination or an opportunity for cross-examination, except as provided otherwise by the rules of evidence, by court rules, or by statute. • The chief reasons for the rule are that out-of-court statements
causa jactitationis maritagii (kaw-z[schwa] jak-ti-tay-shee-oh-nis mar-[ schwa]-tay-jee-I). [Latin “cause of assertion of marriage”] See JACTITATION OF MARRIAGE.
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cardinal-change doctrine. Contracts. The principle that if the government makes a fundamental, unilateral change to a contract beyond the scope of what was originally contemplated, the other party (usu. a contractor) will be released from the obligation to continue work under the contract. • A contractor’s allegation of cardinal change is essentially an assertion that
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good-soldier defense. An excuse theory based on the assertion that a defendant was following orders, esp. of a military or corporate superior. • The term is a derisive label rather than a valid defense. Following an order does not relieve a defendant of responsibility for wrongful acts unless there are circumstances that would amount to
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